| Blue Eye Hosting Terms of Service and Acceptable Use Policy Statement TERMS OF SERVICE Blue Eye also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Blue Eye urges its subscribers to assume that all of their on-line communications are insecure. Blue Eye cannot take any responsibility for the security of information transmitted over Blue Eye's facilities. Blue Eye does not warranty any of its services for fitness for profitability or under any circumstances assume any liability for lost or corrupted data belonging to the customer. It is the customers responsibility to accurate and updated copy of their data at all times. In the event of data loss Blue Eye will make reasonable efforts to recover the data from running backups, however at no time will Blue Eye assume liability for such data recovery, data loss, or any other liability related to data stored on Blue Eye's servers. Blue Eye will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Blue Eye may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Blue Eye may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or legal governmental request. Blue Eye assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Blue Eye may disclose subscriber information or information transmitted over its network where necessary to protect Blue Eye and others from harm, or where such disclosure is necessary to the proper operation of the system. All Customers of Blue Eye agree that there service will be primarily served from the States of California, Nevada, and New York and agree to be bound to any and all Laws, settle any disputes and expressly agree and any legal venue will be the State of Nevada. Blue Eye expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Blue Eye's Terms of Service. Finally, Blue Eye wishes to emphasize that in using the service, subscribers indemnify Blue Eye for any violation of the service agreement, law, or Blue Eye policy, that results in loss to Blue Eye or the bringing of any claim against Blue Eye by any third-party. This means that if Blue Eye is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Blue Eye, plus costs and reasonable attorneys' fees. Customer Data Blue Eye does not warranty any data, including, without limitation, any damage caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay or operation or transmission, communications line failure, theft or destruction of, or unauthorized access to, alteration of, or use of records, whether for breach of contract, torturous behavior, negligence, or under any other cause of action. It is the subscribers responsibility to maintain accurate backup data for all services maintained at Blue Eye regardless of any backups that Blue Eye may maintain or offer as services. Customer Access to Dedicated Servers Customers with Dedicated Servers are entitled to free administrative support via our online support ticket system. If the customer chooses to allow Blue Eye to fully administer their Dedicated Server only FTP and non-privileged SSH access will be given to the customer. Those customers who also wish to have administrative level access (root access) to their Dedicated Server may do so at no additional cost by submitting a support ticket at any time. All customers who do request administrative level access (root access) to their Dedicated Server will become wholly responsible for the ongoing stability of the server. Blue Eye will not be responsible for any service related issues related to the stability of the server in these cases. Blue Eye will also not be responsible for any outages or down-time related to problems with the Operating System. Blue Eye will only provide administration support upon request and will not monitor these servers for uptime or outages since the customer will have the ability to stop critical services which may be monitored. Blue Eye will not attempt to resolve or troubleshoot any core package issues or file system corruption issues that may arise if the customer has administrative level access (root access) to their Dedicated Server. In the event that the server Operating System becomes unstable or damaged beyond reasonable timely repair Blue Eye's liability will be strictly limited to reloading the server with a fresh installation of the Operating System and base packages during normal business hours. Managed Services Customers who subscribe to any Managed Administrative Server Services (MASS) may have service contracts that differ from the standard TOS and AUP posted on this site. This may included but is not limited to service response times, types of services offered without additional fees, and onsite configuration and repair of customer owned equipment. Billing for monthly services All monthly recurring services will be billed in advance and due no later than the 3rd day of the billing period. Customers who pay by automatic charge to a Credit Card or by monthly PayPal subscriptions will be charged on the acutal due date. It is the subscribers responsibility to update Blue Eye's billing department anytime new information is needed to complete any arranged payment method. Subscribers who pay by check must ensure the timely arrival of any payment as Blue Eye has no way of knowing the status of mailed in payments until they actually arrive. Cancellations & Refunds for monthly services Web hosting services are billed in advance of the renewal date on a monthly basis and are subject to our hosting Acceptable Use Policy (AUP) and Terms Of Service (TOS). To cancel hosting services, client must notify Blue Eye Hosting Inc. no later than 30 days in advance of the monthly hosting renewal date to cancel hosting services. Hosting services will not be refunded or pro-rated after billing. Cancellations must be in writing and can be submitted by regular mail, fax, or via Blue Eye's online support system located at support.blueeyehosting.com All cancellations will be processed at the end of the next billing period. Once an account is cancelled all data from the subscribers account will be deleted from Blue Eye's servers including backups. All monthly services are non-refundable for any reason. If any portion of the service was used during any billing service period the subscriber will not be entitled to any refund on already invoiced monthly services. ACCEPTABLE USE POLICY As a provider of Internet access and other Internet-related services including but not limited to email, DNS, and managed hosting, Blue Eye offers its customers (also known as subscribers or clients), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Blue Eye respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Blue Eye reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Blue Eye has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Blue Eye's services. This AUP will be revised from time to time. A customer's use of Blue Eye's services after changes to the AUP are posted on Blue Eye's web site, www.blueeyehosting.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Blue Eye cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Blue Eye cannot monitor or censor the Internet, and will not attempt to do so, Blue Eye cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When subscribers disseminate information through the Internet, they also must keep in mind that Blue Eye does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Blue Eye's network and may reach a large number of people, including both subscribers and nonsubscribers of Blue Eye, subscribers' postings to the Internet may affect other subscribers and may harm Blue Eye's goodwill, business reputation, and operations. For these reasons, subscribers who violate Blue Eye's policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities will be subject to service termination without notice. Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Blue Eye, but also because it can overload Blue Eye's network and disrupt service to Blue Eye subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Blue Eye has the discretion to determine from all of the evidence whether the email recipients were from a valid "double opt-in" email list. Customers who send unsolicited eMail to end users without any acceptable prior business or private relationship will be subject to service termination without notice. Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Blue Eye is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Blue Eye's policy to terminate the privileges of customers who commit repeat violations of copyright laws, both knowingly and unknowingly. Obscene Speech or Materials -- Using Blue Eye's network to advertise, transmit, store, post, display, or otherwise make available illegal or obscene speech or material is prohibited. Blue Eye is required by law to notify law enforcement agencies when it becomes aware of the presence of illegal material on or being transmitted through Blue Eye's network. Defamatory or Abusive Language -- Using Blue Eye's network as a means to transmit or post defamatory, harassing, abusive, or threatening language (Hate Sites / Hate or Racial Hate Material). Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of email messages for unlawful purposes. Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity). Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment. Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software. Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States. Usenet Groups -- Blue Eye reserves the right not to accept postings from newsgroups where we believe that the content of the newsgroup violates the AUP. Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software. Other Activities -- Engaging in activities, whether lawful or unlawful, that Blue Eye determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations. As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Blue Eye will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Blue Eye's policy or applicable law. When Blue Eye becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing or information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate. Blue Eye is also aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Blue Eye's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Blue Eye does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Blue Eye has the right to directly take action against a customer of a subscriber. Also, Blue Eye may take action against the Blue Eye subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Blue Eye anticipates that subscribers who offer Internet services will cooperate with Blue Eye in any corrective or preventive action that Blue Eye deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Blue Eye Acceptable Use Policy. We hope this AUP and TOS is helpful in clarifying the obligations of Internet users, including Blue Eye and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP or questions regarding the TOS should be sent to abuse@blueeyehosting.com
Last Modified 06/20/2008 |